When a preventable accident claims the life of someone you care about, the emotional devastation can be overwhelming. The sudden loss leaves families grappling with grief while facing mounting expenses and an uncertain future. Fortunately, wrongful death claims exist to provide financial relief and hold the responsible parties accountable when negligence or reckless behavior causes a fatal accident.
At Big Joe Law, we understand how difficult it is to think about legal matters while mourning your loss. Our compassionate team helps families navigate the complex legal process, allowing you to concentrate on healing. We have secured significant settlements for families, including awards of $2,750,000, $2,250,000, and $350,000, helping them find financial stability during their most challenging times.
What Are Wrongful Death Claims?
A wrongful death claim can be pursued when someone dies due to another person’s negligent, reckless, or intentional actions. These cases differ from criminal charges because they focus on providing compensation to surviving family members rather than punishing the responsible party. The goal is to address the financial and emotional losses the family faces due to their unexpected loss.
Common situations leading to wrongful death claims include the following:
- Car accidents caused by distracted or impaired drivers
- Medical malpractice
- Defective products
- Workplace accidents
- Premises liability incidents
Each case requires proving the responsible party owed a duty of care, breached that duty, and caused the death as a result.
Who Can File a Wrongful Death Claim in California?
California law specifically defines who may file a wrongful death claim. The surviving spouse, domestic partner, children, and stepchildren have the primary right to compensation. If none of these family members exist, parents and siblings may file a claim, and in some cases, anyone who was financially dependent on the deceased person may also be eligible.
The person filing the claim must demonstrate their relationship to the deceased and prove they suffered losses as a result of the death. This includes both financial losses, like lost income and support, as well as non-economic losses such as loss of companionship, guidance, and emotional support.
Types of Damages Available in a Wrongful Death Claim
Wrongful death claims may provide compensation for both economic and non-economic losses the family experiences as a result of their loved one’s death. Economic damages include the deceased person’s expected future earnings, medical expenses related to their final illness or injury, funeral and burial costs, and the loss of benefits like health insurance or retirement contributions.
Non-economic damages address the more personal losses families endure. These include:
- Loss of companionship and emotional support
- Loss of guidance and counsel
- Loss of consortium for surviving spouses
- Pain and suffering experienced by family members
The amount of compensation you receive depends on considerations such as the deceased person’s age, health, earning capacity, and their relationship with surviving family members. Our legal team works hard to ensure all applicable damages are accurately calculated and pursued.
The Legal Process and Timeline for a Wrongful Death Claim
In most wrongful death claims, California imposes a two-year statute of limitations, meaning you must file within two years of the death. However, starting the legal process early allows more time to investigate the circumstances, gather evidence, and build a strong case. Waiting too long can result in the loss of evidence and witness testimony.
The legal process begins with an in-depth investigation to determine what happened and who bears liability. This may involve accident reconstruction, medical record review, and expert testimony. Once we establish liability, we negotiate with insurance companies and responsible parties to secure fair compensation. If negotiations fall through, we are prepared to take your case to trial.
Why You Need Experienced Legal Representation
Wrongful death cases involve complex legal standards and multiple parties who may share accountability for the outcome. Insurance companies often try to limit payouts, especially when significant amounts are at stake. Having an experienced attorney ensures your legal rights are protected and your family gets the compensation you deserve.
At Big Joe Law, our team has the resources and knowledge to handle these challenging cases effectively. We work with medical professionals, accident reconstruction specialists, and economic experts to build compelling cases. Most importantly, we handle all legal matters, allowing you to focus on your family’s emotional recovery.
Contact Big Joe Law for Compassionate Legal Support
Losing someone you care about is devastating, and no amount of money can replace your loss. However, filing a wrongful death claim can deliver financial security and ensure the responsible party is held accountable. Our experienced team of personal injury lawyers has helped numerous families secure significant settlements, and we are committed to fighting for the justice you deserve.
At Big Joe Law, we bring the same dedication and respect to every case, treating your family with the compassion you need during this difficult time. We work on a contingency fee basis, so you pay nothing unless we win your case. Call us today at (818) 821-0026 or contact our office to schedule a consultation and learn how we can help you pursue justice for your family.